Direct365 Terms & Conditions
Direct365online Ltd (“Direct365” / the “Company” / “We” / “US” / “Our”) is fully committed to providing all of our customers with the best possible customer journey and service, quality products and lowest prices. We want you to buy from us again and again.
1. General
Direct365 is primarily a business to business supplier. Acceptance by the Company of an order for the supply of goods, irrespective of how it is received will be subject to these terms and conditions, to the exclusion of all other conditions tendered, referred to, or relied on by the customer, unless expressly agreed by the Company in writing, including email and fax. For all business transactions The Sale of Goods 1979 applies. For customers purchasing for domestic use to a private address The Consumer Contracts (Distance Selling) Regulations 2013 will also apply.
2. Product Descriptions
Photographs on our website are provided to assist you in identifying the products you require. We endeavour to ensure that the digital representations are as accurate as possible, but please be aware that some colour variation may exist between the colour displayed on your monitor and the actual colour of the item in question. As a result of resizing product photography the items may appear larger or smaller than the actual size. We would always encourage the use of the specific product dimensions or capacity to gauge the actual size of a product, if unsure, please contact our product sales team for clarity on 0800 612 9688 or email productsales@direct365.co.uk, we will be happy to provide any information that is not displayed on our website prior to purchase.
3. Pricing & Payment
Unless otherwise specified, our prices given in sterling and are are exclusive of VAT and carriage, where applicable, (please see Delivery Information for carriage charges). Whilst we endeavour to maintain prices shown online and in our email campaigns etc., we cannot guarantee this. Prices are correct at the time of creation of online offering and release of email campaigns. Direct365 reserve the right to change the price ruling at the date of order. In the event of a price alteration, notification will be made and additional payment requested and the customer will have the right to cancel the order at this point.
4. Orders
No order submitted by you shall be deemed to have been accepted until confirmed in writing by the Company. Order acknowledgement of your online order constitutes receipt of an offer of a contract and does not constitute acceptance of such. Any subsequent amendments must also be confirmed by you to the Company in writing. Due to continual design and manufacturing improvements strict accuracy of descriptions, specifications, colours, sizes, capacities and illustrations cannot be guaranteed but will not vary significantly. The Company will inform you in writing of any significant change in specification. In the event of a specification alteration, notification will be made prior to despatch and you will have the right to cancel at that point. Product weights are approximate and any stated load capacities are for evenly distributed loads and must not be exceeded.
We will confirm acceptance of your order during normal working hours (Monday-Friday 08:30-17:30) with a confirmed cost and estimated delivery date. If this is not acceptable, we will try to resolve any issues. If we cannot resolve any issues you have the right to cancel your order without charge prior to despatch (unless goods are being made to order) and receive a full refund.
5. Age Restricted and Limited Quantity Products
We are unable to supply vending packs of paracetamol to domestic customers. A business name and address must be provided for delivery of such items. We are unable to sell knives or any other age restricted products to anyone under the age of 18. We will only accept orders of knives and blades if payment is made by credit card. If payment is by any other method the age restricted items will be cancelled off the order.
6. Delivery
Mainland UK over £150
Delivery of orders valued over £150 excluding VAT is free of charge to most parts of the UK. There are some exceptions. Postcode areas AB, BT, FK, HS, IM, IV, KW, PA, PH, PO31, PO32, PO33, PO34, PO35, PO36, PO37, PO38, PO39, PO40, PO41, PO30 & BT are excluded from free delivery and will incur a carriage charge.
Oversized products which require a pallet delivery, or crane/hiab offload may also incur an additional charge.
Mainland UK under £150
Delivery of most orders under £150 excluding VAT and weighing less than 25kg will be charged at £7.25 plus VAT. Exceptions to this are the items to postcode areas AB, BT, FK, HS, IM, IV, KW, PA, PH, PO31, PO32, PO33, PO34, PO35, PO36, PO37, PO38, PO39, PO40, PO41, PO30 & BT. Larger consignments and items may carry and additional charge for delivery. Some hand dryer spare parts also carry additional delivery charges. We will always confirm the delivery charges before accepting your order.
Delivery of your order to your premises
Delivery will be made Monday to Friday between 08:30-18:00 and will be made to ground floor, kerbside only (unless previously agreed in writing). Standard delivery is not always timed delivery. You or an authorised person must be available to sign for your delivery. Failed attempts at delivery may result in additional re-delivery charges. Leaving goods without a signature is entirely at your own risk. We expect you to inspect your package before signing and sign accordingly as ‘damaged package’ if it is not received in satisfactory condition. It is very important that you to check your order on receipt and inform Direct365 immediately of any damages or missing items. For the sake of clarity, this should be on the day of delivery. Direct365 will not be responsible for any damages or breakages after the goods have been signed for except where they are signed for as ‘package damaged’, or reported to us as damaged on delivery, on the day of delivery. Any damage to goods signed as ‘package damaged’ must be reported to us within 3 working days.
Estimated delivery times
Most items are despatched by the next working day following acceptance of your order. Standard delivery is between 3-5 working days. Due to the items being despatched from multiple locations and some of our products having longer delivery times, your goods may arrive in different packages and with different carriers, at no additional cost to you. We will endeavour to provide you with delivery information on the website where we can. Stock levels may vary on a daily basis but we will always attempt to despatch your item as soon as possible and will inform you if there is a significant delay expected on your order.
Whilst we endeavour to deliver your goods to you as quickly as possible, at the very latest delivery will take place within 30 days from the date following the day we accept your order (unless stated on the website or informed to you by our customer representatives).
Urgent Orders
Please contact our product sales team 0800 612 9688 if your order is required urgently and we will do our best to meet your deadlines.
7. Returns Policy
We want you to be entirely happy with your purchase from Direct365. If you decide that the products are unsuitable for any reason you may cancel your order, subject to our terms and conditions, prior to shipping or within 14 days of delivery. Notification of cancellation must be in writing, either by email to adminsupport@direct365.co.uk, or by letter which requires a signature on delivery, to Direct365, Oasis Business Park, Parkside Place, Skelmersdale WN8 9RD. Any other form of notification will not be valid.
We are primarily a Business to Business supplier. For all business transactions The Sale of Goods Act 1979 applies. If you are purchasing products for domestic use with delivery to your home address The Consumer Contracts (Distance Selling) Regulations 2013 will also apply. In either case the cost of collecting the item(s) to be returned will be borne by the customer.
Upon receipt of your written cancellation request you will be issued with a short returns form, by email, on which to provide details of your order and the reason for returning the item(s). Unless the goods are faulty, the returns form must be completed and returned to Direct365 within the 14 days notification of return period. On completion of the returns form you will be provided with a returns number to be quoted on all returns correspondence. We will then arrange for the goods to be collected by our courier. The goods must be in their original packaging, unused, suitable for resale and suitably packed to ensure their safe return. The customer must make the goods available at the collection time. The customer will be charged for any unsuccessful visits by the courier where the goods are not available for collection. We will not provide refunds, or accept returns of any goods which are returned independently, or liability for any goods received at our premises, where our returns procedure has not been followed.
Where goods are returned for reasons other than loss, damage or error on the part of Direct365, a re-stocking fee* of 20% of the cost of the goods, to cover handling and administration, will be charged and the customer will be liable for the return costs which will be deducted from the refund. Return collection charges will be £7.25 plus VAT unless the item was subject to a higher initial delivery charge for despatch, whereby the higher charge will also be applied when returning the item. Please note that for bulky items the collection charge may exceed the original delivery costs. Original shipping costs will not be refunded to the customer.* Refunds will be made within 14 days and by the same method as the original payment was made.
Please Note: Due to the nature of the products, defibrillators and made to order products are excluded from our returns policy. Defibrillator pads & batteries will usually be subject to a 7 day returns period. However, this will not affect your legal rights in relation to products that are faulty or not as described.
*Except where The Consumer Contracts (Distance Selling) Regulations 2013 apply
Damaged Goods
It is very important that customers examine the goods on receipt and report any damages or shortages strictly within 2 working days. For damaged/faulty goods please notify us, preferably by email adminsupport@direct365.co.uk or telephone 0800 612 9688, and we will forward a returns form for more information. Please complete the returns form straight away and return it to us. We will begin to look into the problem straight away. It is important that you don’t delay contacting us, or supplying the information requested, as our suppliers may have strict policies relating to reporting damaged or faulty goods, and may refuse to refund or replace if damages are reported outside of their deadlines.
All products, with the exception of consumables, supplied by Direct365 carry a 12 months minimum guarantee, some have up to 10 Years Guarantee. Please see the description of the item for the exact length of guarantee offered for individual products.
We will always try to help with any issues you have with products that you have purchased from Direct365, even if they are outside of the guarantee, but we are often restricted by suppliers as to exactly what help we can offer. If you need any help with any of our products, please don’t hesitate to call us.
8. Payment
If credit terms are agreed by the Company, payment in full shall be made within 30 days of the invoice date. If payment terms are not agreed, payment of fully cleared funds will be required in advance of despatch of goods.
9. Risk / Title
The risk in the goods shall pass to you on completion of delivery.
Title to the goods shall not pass to you until the earlier of:
Direct365 receives cleared payment in full for the goods and any other goods that the Company has supplied to you in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums; or
You resell the goods in the ordinary course of business, in which case title to the goods shall pass to you immediately before the time at which the resale by you occurs. Provided that you resold the goods as principal of a Company and not as the Company’s agent. You will remain liable for all sums due in respect of the goods resold, under the terms of the credit agreement.
Until title of the goods has passed to you,
You are required to store the goods separately from other goods held by you so that they remain readily identifiable as the Company’s property.
You shall not remove, deface or obscure any identifying mark or packaging on or relating to the goods.
You are required to maintain the goods in satisfactory condition.
You shall give the Company such information relating to the goods as the Company may require from time to time.
Until such time as property in the goods passes from Direct365 to you, you shall upon request deliver up to the Company such of the goods as have not ceased to be in existence or re-sold by you. If you fail to do so the Company may enter upon any premises owned, occupied or controlled by you where the goods are situated and repossess the goods.
10. Warranty / Liability
All the products supplied by Direct365, with the exception of consumable products have a minimum 1 year warranty. Where goods are found to be defective within their warranty the Company shall repair, or at its sole discretion replace defective goods free of charge subject to the following terms:
The defect did not arise from fair wear and tear, wilful damage, abnormal storage, accident or negligence by anyone, or working conditions. Any alteration or repair made by you or a person instructed by you, or by failure to operate or use the goods in accordance with the user instructions.
You have notified Direct365 immediately upon a defect becoming apparent due to faulty materials, workmanship or design.
The warranties are in addition to your legal rights in relation to goods that are not as described or faulty.
Direct365 is not responsible for any loss arising out of a defective product unless the loss would have been foreseeable and an obvious consequence of breech of the conditions of the terms of this contract, or if it was contemplated by you and Direct365 at the time you entered into the contract.
Nothing in these terms attempts to limit or exclude the Company’s liability for:
Death or personal injury caused by its negligence, or the negligence of its employees and subcontractors or agents.
Fraud or fraudulent misrepresentation
Breech of the terms implied by the Sale of Goods Act 1987, section 12
Defective products under the Consumer Protection Act 1987
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
Direct365 will be liable for loss or damage in an amount not exceeding the total price of the goods
11. Events Outside of Our Control
Direct365 will not be liable for any delay or failure to perform its obligations resulting from circumstances outside of its reasonable control, including, but not limited to, war, riot, terrorism, sabotage, strikes lockouts, accidents, acts of god, plant or machinery failure or shortage of raw materials.
12. Intellectual Property Rights / Copyright
No use, copying or distribution of images text or information contained in the website of Direct365 will be permitted without express permission and written consent of the copyright owner. No ownership of any trademarks or rights of intellectual property will be transferred or affected by display of material or purchase of related goods.
13. Data Protection
When ordering you will be required to supply the company with names, addresses and other details relevant to your payment method and delivery. We respect your right to privacy of your personal information. The information provided to us will be used solely for the purpose of enabling the purchase and delivery of our range of products. We will pass your name, address and telephone number to the supplier, for your delivery note, and your email/telephone number to the courier delivering your goods, for the purposes of ensuring that you receive your order efficiently. We will never pass your information to other third parties.
Where you have indicated your consent, the Company may contact you about similar products and services that the Company offers. To stop receiving this information, please send an email to unsubscribe@Direct365.co.uk
14. Our Rights to Cancel and Applicable Refund
The contract is between Direct365 and you. No other person shall have any rights to enforce the terms of the contract.
Direct365 may transfer its rights and obligations under these terms and conditions to another organisation. If this happens you will always be informed in writing and it will not affect your rights under the contract or the obligations owed by you under the contract.
You may transfer your rights and obligation under these terms and conditions to another person, if the Company agrees in writing. If this happens the purchaser of the property will have the benefit of the Warranty described in section 9 of these terms and conditions.
Failure or delay by the Company to insist that you perform all of your obligations, or to enforce its rights, under these terms and conditions, does not indicate that the Company has waived its rights and does not mean that you do not have to comply with your obligations.
These terms and conditions are governed by English Law. The Company and you both agree to submit to the non-exclusive jurisdiction of the English courts. However if you are resident in Scotland or Northern Ireland you may also bring proceedings in your own area of legal jurisdiction.
15. Company Information
Direct365online Limited is registered in England & Wales under registration number 05495914. The Company’s registered office is Oasis Business Park, Skelmersdale, Lancashire, WN8 9RD. The Company’s VAT no is 864800906.
If you have any questions or queries and would like to contact us, you can contact our product sales team on 0800 612 9688 or by email to productsales@direct365.co.uk If you have a query relating to an order you have already placed please contact us on 0800 612 9688 or by email at adminsupport@direct365.co.uk
